Restrictive Covenants on Your Land
When you purchase a building, house, or land, it’s critical that you’re aware if there are any restrictions on the use of it. If there are restrictions on how you can legally use the property, our team of property law experts can help you negotiate a release or make amendments to the agreement.
If the words that stop the property or land from being used in the way you intend are removed or varied by a tribunal, financial compensation may need paying to the person who has the benefit of the restriction over their land or property.
We can assist you in conducting the application to a court and will advise you on the best way to approach it.
What is a restrictive covenant?
A restrictive covenant is an agreement that imposes a restriction on the use of the land. For example, it may prevent an owner from building an extension or changing the appearance of the property.
This can usually be found on the Title Register, which is held at the Land Registry. The covenants are sometimes passed down with the land, which can mean that even when the land is sold, any restrictions will still apply to the new owner.
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Why Choose Hodge Jones & Allen solicitors?
Our expert property law solicitors are on hand to help you handle any restrictive covenants affecting your property. Contact us by calling our free 24/7 number or leaving your details on our contact us page. A member of our team will assess your situation and pass it to lawyer.
After assessing your situation, our expert property solicitors will give you initial advice as to the best step to take. They will inform you of the correct steps to take and the timescales that might be involved, so you always know what to expect.
Once the strategy has been accepted, our property solicitors will work tirelessly to make sure they update or remove the restrictive covenant on your land.
We understand how important funding your case is. That’s why we’ll explain the various funding options available from the start or the process. Our solicitors will also keep you up to date and make sure you have clarity of all costs and expenses.
We have the best solicitors in hand to help you get the results you need and understand the enormity of the investment you’re making in us when you make a claim. Our solicitors have been independently recognised by Legal 500 and Chambers & Partners for the quality of their work. So you can rest assured you’re in safe hands.
Restrictive Covenants frequently asked questions
Getting answers to key questions to help you take the next step
How can I check if my premises has a restrictive covenant recorded against it?
This information will usually be recorded on your office copy entries for the premises in question. Your conveyancing solicitor may have provided these to you when you purchased your home.
However, if you cannot locate these, you can download an up to date version for a fee from HM Land Registry. If you’re having issues downloading the documents, their support line is 0300 006 0411.
How much compensation am I likely to pay/receive?
This will depend on several factors. Invariably, a tribunal will look at evidence of what loss will be suffered if a covenant is varied or removed.
For instance, a valuer may assess that the partial loss of scenery may result in a reduction in the value of the house by 2%. Therefore, a tribunal may award compensation at 2% of the value of the premises that is suffering the partial loss of the scenic view.
Does the tribunal have power to award legal costs in relation to the application to update/remove the covenant?
The rules provide that the party asking for the covenant to be updated or removed won’t normally receive a costs order stating that the objector pay costs unless the objector has acted unreasonably.
The rules do contain an exception to this, where the objector’s entitlement is challenged. Whoever is successful in their challenge will usually be awarded the costs incurred in relation to the challenge.